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$650,000: Tomasko v. New West Designs, Inc.

December 2019

Orange County. Motorcycle collision. Plaintiff was an on-duty Orange County Sheriff's Deputy. Defendant pulled his truck out of a private driveway and directly into Plaintiff's path of travel. Plaintiff had not time to react and T-Boned Defendant's truck. Plaintiff went flying through the air and landed on the asphalt. He suffered a severe laceration to his neck/chin, nerve damage, mild traumatic brain damage, and orthopedic injuries. Defendant New West Designs, Inc. admitted that the driver was its employee but denied that he was acting within the course and scope of his employment at the time of the collision. Depositions of the investigating police officers, the defendant driver, co-employees of defendant, and the owner of the company revealed substantial evidence that Defendant was indeed acting within the scope of his employment at the time of the collision. Nonetheless, Defendant New West Designs, Inc. file a Motion for Summary Adjudication on the same issue, which the Court denied. The case then settled shortly before trial.

Practice area(s): Car / Auto Accident, Personal Injury

Court: Orange County

David Blain, Esq.

ABOUT DAVID BLAIN, ESQ. David Blain, Esq., represents plaintiffs in personal injury actions including claims for product liability, motor vehicle negligence, assault and battery, dog bites, government tort liability, and other types of consumer protection cases. He has represented hu...

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